Injured in Modesto, CA?
Call The Heavy HittersTM!
Award-winning Modesto Car Accident Attorneys
Why Choose Us?
With decades of combined experience with insurance claims and in the courtroom, our Modesto car accident lawyers should be your first choice. We discuss your case during a free consultation, put our skills to work in a thorough investigation, and make every effort to secure maximum compensation for you. You can spend your time recovering while we handle your case.
Our personal injury lawyers have an extensive background representing insurance providers, so we know their methods for trying to avoid paying claims. When you hire a seasoned car accident attorney, the insurer knows you mean business, and they may be more likely to settle. This allows us to obtain more financial compensation for you without going to trial.
This formula has worked for many clients, bringing them over $100 million in jury awards and out-of-court settlements. Just like you, many of them worried they did not have a valid case. Instead, they trusted Curtis Legal Group to guide them through the complexities of bringing legal action against those who were responsible for their car accidents.
Our Legal Process
It can be confusing to consider all the paperwork and questions surrounding a car accident claim, especially when you are injured. This is when our team of car accident attorneys in Modesto can help the most. We explain the legal process we follow and keep you updated as we proceed.
The first step is to meet with an attorney during an initial free consultation. We offer these no-cost case reviews to hear your story and answer your questions. We assess the validity of your claim and determine whether it is worth pursuing to trial. If filing an insurance claim is your best choice, we will handle it for you, making communicating with insurers who do not have your best interests at heart safer and easier.
Regardless of whether we move forward with your case, you will get solid legal help from a team that wants you to succeed. The case evaluation is just the first step, and once you hire us, we begin with a complete process of gathering evidence, interviewing witnesses, compiling proof of negligence, and preparing for court.
Filing Your Personal Injury Claim
After the first meeting, your car accident lawyers in Modesto, CA will begin negotiating with the insurance company for an acceptable settlement. The company will probably make a very low offer that does not meet your needs, hoping you will take it and close the claim. You are always in control of whether to accept a settlement, but it is advisable to have your Modesto personal injury attorney review it. With our years of experience dealing with insurance companies, we can help you understand whether the insurer is holding out on you or if they may be able to offer more.
If the insurance provider does not make a satisfactory offer, you and your lawyer will continue to prepare your case for trial. As the date gets closer, the insurer may feel more pressured to give a better proposal if they realize we are building a strong case against their client. Again, your attorney will ensure you are well-informed so you can make the right choice for your life.
Dealing With Insurance Companies After Motor Vehicle Accidents
Like many states, California is a fault state when it comes to auto accidents. Drivers must carry liability coverage, which is used to pay for any injuries and property damage they cause in a crash. So, your first step will be to file a claim against the other driver’s insurance policy.
Insurance companies are reluctant to pay claims because they are under pressure to maintain profits. An adjuster may question every medical bill, insisting you were hurt some other way. It takes a knowledgeable and aggressive car accident lawyer to push back for fair compensation.
Sometimes, the claims process can be exhaustingly long and complex. You may want to give up, and the insurance company hopes you will. When they simply refuse to offer a fair settlement, it is time to work with your attorney to file a legal action against the driver. Taking them to court is often the most reliable way to secure payment for the full range of your losses.
Importance of Medical Attention Following an Auto Accident
After a car crash, the first thing you must do is seek medical attention. If an ambulance comes to the scene, you should check in with the paramedics and EMTs. Even if they release you, it is well worth the time to visit your personal doctor within the next 24 to 48 hours.
The reason behind this recommendation is that many injuries are “silent.” This means you may not show symptoms of them for hours or even days after the auto accident. For example, internal bleeding may be minimal right after the crash but get much worse several hours later. Seeing the doctor for a full examination can save your health or even your life.
The other reason it is important that accident victims receive medical care is to establish a connection between the crash and their condition. If you tell the EMT you are fine but later develop a serious injury, the scans from your personal physician can protect your car accident claim. It is rare that people walk away from motor vehicle accidents without any injury at all, so a medical exam can make a difference in the success of your case.
Serious Injuries You Could Suffer in a Modesto Vehicle Accident
When you work with a Modesto car crash attorney, they probably have seen car accident injuries similar to yours. This gives them valuable experience in gathering robust evidence to present your claim. Some of the more serious injuries we have handled include:
- Brain injuries: Traumatic brain injuries (TBIs) can lead to diminished physical or cognitive abilities, keeping you from returning to work. They are especially common if you are in a motorcycle accident.
- Broken bones: Bones in the hands, feet, legs, and arms can be broken, requiring extensive physical therapy to recover full function. In addition, the ribs can be fractured or broken, puncturing internal organs.
- Cuts, lacerations, scrapes, and burns: Damage to the skin can lead to infections and prolong a patient’s recovery from otherwise minor injuries.
- Neck, back, and spinal cord injuries: Victims may be left temporarily or permanently paralyzed or suffer chronic pain for months or years later.
Regardless of your injuries, your attorney can compile a complete list of expenses associated with your car accident case. They will present these demands to the insurance company for payment, fighting to gain payment for every bill. In a personal injury lawsuit, your Modesto car accident lawyer will seek compensation for not only your economic damages but also subjective non-economic losses, such as your pain and suffering.
Damages You Could Claim in Your Car Accident Case
Damages are the expenses and other losses you suffer as a result of a car accident. Essentially, any bill or change to your life you experience that would not have occurred if the car wreck had not happened can be claimed as a loss. These compensatory damages are usually broken into two categories – economic damages and noneconomic damages.
Economic damages are those which can be calculated easily and usually have a fixed price. These can include but are not limited to:
- Doctor bills
- ICU, ER, and surgery costs
- In-home nursing care
- Physical therapy expenses
- Lost benefits and earnings opportunities
- Lost income while you recover
- Medical devices or mobility aids
- Prescription medications
- Rehabilitation programs or care centers
- Repair or replacement costs for your vehicle or other personal property
Noneconomic damages are those which address the way your life has been impacted. These are different for every person, and one person may suffer much more than another. They are not based on how severe your injuries are but on how dramatically your life has changed from the accident. Noneconomic losses are items such as:
- Disfigurement, especially of the face and hands
- Embarrassment and isolation due to scarring or amputation
- Emotional distress
- Experiencing a temporary or permanent disability
- Loss of enjoyment of hobbies or activities
- Mental anguish
- Pain and suffering
In situations where the defendant’s actions were especially egregious or grossly negligent, the judge may elect to award punitive damages. These are decided separately from your compensatory damages. This decision is meant to put a harsh burden on the defendant and set an example to others against those same behaviors.
How Your Modesto Car Accident Lawyer Proves Negligence in Your Claim
To successfully receive damages in your car accident case, your attorney must show through a preponderance of the evidence that the other party is at fault. This involves proving negligence on their part by demonstrating the following elements:
- Duty of care: The other party owed you a duty of care to drive safely on the roads and avoid actions that would cause harm to others.
- Breach: The at-fault party did not uphold their duty, acting negligently.
- Causation: You have evidence showing the at-fault party’s actions or inactions led to your injuries in the accident.
- Damages: You have expenses related to your damages, including personal injuries and / or property damage, that must be repaid.
When they accept a driver’s license, all motorists in California are governed by California Civil Code 1714, which obligates them to operate their vehicles in a safe manner. It is important to recognize that the other driver’s insurance company or attorney will likely try to claim that you also did not uphold your duty of care. Because of this, your lawyer will work hard to show greater fault against the other motorist.
Substantial Evidence Is a Key Part of Your Car Accident Case
Because civil cases are decided on the preponderance of the evidence, the more solid evidence your attorney can supply, the stronger your case will be. Your lawyer will collect materials from a variety of sources, including:
- Accident reconstruction analysis
- Auto repair estimates
- Expert testimony
- Medical records, scans, and test results
- Photos from the scene
- Police reports
- Projected estimates of medical recovery costs
- Traffic citations issued by officers at the scene
- Treatment plans
- Video from traffic, security, and dashboard cameras
- Witness statements
California is a pure comparative negligence state, so even if you are partly at fault for the crash, you can still recover compensation from the other party. However, they may countersue and attempt to receive damages from you. This is a significant reason why compiling the strongest base of evidence possible is so important. You not only have the ability to show their negligence, but you increase the percentage of damages you can receive.
For example, if you are found 30 percent responsible for the crash, you can only receive 70 percent of the compensation to which you are entitled. This is true even if you are 99 percent responsible, although you would be eligible for only 1 percent of your damages. Your Modesto car accident attorney will consider your level of contribution when advising you whether you should move forward with a claim during a free initial consultation.
Contact Curtis Legal Group’s Experienced Modesto Car Accident Attorneys Today
When you or a loved one has been seriously hurt in a car crash, you need skilled guidance from a reputable Modesto car accident law firm with a strong record of success. Finding the right match is about more than just wins. It requires locating a team that helps you feel confident and comfortable understanding the specifics of your case. You should trust that your lawyer will hold the at-fault party responsible for their negligence.
At Curtis Legal Group, you can rest easy knowing the Heavy HittersTM are on your side. From your initial free case evaluation to settling your case, we dedicate our time and experience to the best possible result for you. Every case is unique, and we tailor our approach to your specific circumstances, building the most compelling case we can to secure maximum compensation.
The statute of limitations in California for car accident claims is only two years from the date of the crash. Do not delay, or you could lose your chance to file a lawsuit forever. When you work with our team, we will manage these details so you can put your energy into getting better. Contact us today to arrange a free consultation with no risk and no obligation.